Criminal Bail Application – Violation of NDPS Act – Petitioner seeks bail under Section 439 CrPC – Allegations of possession of contraband – Petitioner’s antecedents, irreparable injustice, and commercial quantity involved are key points – Court examines compliance with NDPS Act provisions and legislative mandate under Section 37. [Para 1]
Burden of...
Criminal Appeal – Regular Bail Application Dismissal
Gursewak Singh appealed against the dismissal of his regular bail application under Section 439 of Cr.P.C. by the Special Judge, Amritsar. [Para 1, 4]
Prosecution Sanction Under UAP Act
Concerns were raised about the prosecution under the UAP Act due to the absence of pre-requisite sanction from the compete...
Bail Application – Violation of Narcotic Drugs and Psychotropic Substances Act, 1985 – Commercial Quantity – Dismissal of Bail – Non-compliance with mandatory search and seizure provisions – Petitioner’s criminal history – Anticipatory injustice – Legislative mandates under Section 37 of NDPS Act – Pre-trial incarceration – Right to speed...
Regular Bail – Denial of Regular Bail – Petitioner's repeated absconding and non-cooperation in the investigation – Petitioner declared a proclaimed offender twice – Bail application dismissed due to potential obstruction of a fair trial and risk of absconding. [Para 10-14]
Criminal Procedure – Fair Trial and Bail Considerations – Importance of ensuring a...
Anticipatory Bail – Applicant seeks anticipatory bail for offences under Sections 420 of IPC and various sections of the Information Technology Act, 2018 – Application filed in the wake of apprehension of arrest for involvement in an exam cheating scam – High Court considers the merits of the application. [Para 1]
Prosecution's Allegations – Prosecution bui...
Bail Cancellation – Criminal Petition for Canceling Bail Order – Petition to cancel bail order dated 10.04.2023 granted by XXVI Additional City Civil & Sessions Judge, Bengaluru in S.C.No.2246/2022 for offenses under IPC Sections 302, 504, 506 – Allegation of violation of bail conditions and no change in circumstances since earlier rejections of bail applications. [Paras 1, 4...
Bail Application – Accused Sah Jamal charged under Section 21© of the NDPS Act – In custody since 24-05-2023 – Application filed under Section 439 of CrPC. [Para 1]
Allegation of Procedural Violations – Petitioner contends wrongful implication, highlights non-compliance with Section 52A of NDPS Act regarding handling and sending of samples to CFSL – Raises iss...
Origin and Prosecution of Case – Appeal from conviction by Sessions Court, Malda, where appellant Prasad Ray was convicted for causing death by administering poisoned alcohol and for causing hurt using poison – Sessions Case No. 228/2010 and Sessions Trial No. 06/2010 – Both sentences to run concurrently – [Para 1].
Evidence Presented – Testimonies from 17 witnesse...
Anticipatory Bail – Petition filed seeking anticipatory bail under Section 438 Cr.P.C. – Offences under Sections 120-B, 406, 420, 468, 471 IPC – Petitioner a victim of alleged conspiracy – Loan obtained against gold jewelry – Allegation of fraud against bank officials – Several criminal cases registered against similar individuals – Allegations of connivan...
Anticipatory Bail – Application under Section 438 of Cr.P.C. – Petitioner, owner of a hotel, apprehending arrest in connection with a criminal case – Application for pre-arrest bail in the context of alleged sexual offenses occurring at his hotel. [Para 1-3]
Maintainability of Anticipatory Bail Application – State's objection regarding the non-maintainabili...